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RULING Adopting 14 Report and Recommendations of the U.S. Magistrate Judge. The pla's claims asserted against Warden Calvert be dismissed for failure of the pla to serve this dft within 120 days as mandated by Rule 4(m) of the FRCP. The 9 Mo tion to Dismiss, filed by Chad Menzinal, Joe Lamartiniere, Burl Cain, Darryl Vannoy, James LeBlanc will be granted, dismissing the pla's claims asserted against the remaining dfts, with prejudice, and that this action be dismissed. Signed by Chief Judge Ralph E. Tyson on 06/06/2011. (NLT)

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